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Show 38 239 whereas the interpretation of an international treaty by an inter- national tribunal constituted l," the community of nations would bind not merely the parties litigant bttt all parties to the treaty and interpret it autlmritativeh for all. The tribunal would need to be permanent. because without 0nd Conference but upon which no agreement was reached. Should the non-represented powers refuse adherence to this dec- laration, the subjects embraced within it will undoubtedly be discussed at the Third Conference, and in any event will likely be considered by it aitd fortn a part of a more ambitious codifi- cation of the laws and customs of naval war. The Second Conference adopted a convention respecting the rights and duties of neutral powers and persons in case of war on land. but failed to include in it "the position, as regards charges, of foreigners residing within other territories." This subject, permanency continuity in international decisions can hardly be expected. It is therefore neither utopian nor improbable that an international court of justice will be established by the Third Conference, if indeed it be not constituted b_\' the powers during the inter- val between the Second and Third Conference. Every treaty of arbitration concluded between nations is a step toward the establishment of such a tribunal and the opponents of compul- sor_\' arbitration are certain to be entangled in the net of arbitra- tion treaties which are rapidly encircling the globe. The establishment of the lnternational Court of I‘rizc by the Second Conference is a demonstration of the fact that an international court of justice can and will be constituted when- ever the international need is apparent. and it is impossible to believe that nations will content themselves with the establish- ment of a tribunal for the determination of cases arising out of war to the neglect of a tribunal for the peaceful determination of conflicts arising in peace. and which if unsettled may either cause war or product friction and animosity, inclining: nations to a resort to arms. 11 is indeed not unlikely that the two courts will be combined into an international judiciary competent to decide civil as well as priye cases, The l‘rize Court as it now exists might be invested with the powers of a Court of Arbitral Justice in accordance with the draft convention for the establishment of a Court of .\rhitral Justice, adopted by the conference and rceonnnt-ndwl to the powt rs. The Second Conference specifically recommended "that the ttt'tttltl':ill4tll of regulations relative to the laws and customs of natal warfare should figure in the program of the next confer» l'lltT. atrl the recent naval conference. composed of the ten lead- ing ntaiilune powers, held in l.ondon from December 4. 1908. to l‘tl)l'l'.itl\ :tv. totlo. adopted a declaration dealing, with the nnpottant subjects of ltltlt'l\lttlt‘. contraband. destruction of neutral lilii'ks and hostile assistanceisnldccts discussed at the Sec- which formed the third recommendation of the conference, will undoubtedly be considered by the Third Conference as unfinished business of the Second. atid will not only be included in the pro- gram but also be the subject of an international agreement at the approaching conference. It is common knowledge that the First Conference was called into beng by the enlightened and humanitarian Czar of Russia to secure "b_\' m \ans of international discussion the most effectual means of insuringr to all peoples the benefits of a real and durable peace. and. abov , all. of puttingr an end to the progressive (levels opment of the present armaments." It is also common knowledge that the Conference was unable to reach an agreement upon the important question of the limitation of armaments, although the subject was considered carefully, profoundly and sympathetically in all its bearings. The discussion was not, however, fruitless. because a resolution condemningr the excessive militarism of the present was unanimously adopted: "The conference is of opinion that the restriction of military charges, which are at present a heavy burden on the world, is extremely desirable for the increase of the material and moral welfare of mankind." In addition to this measured denunciation of the present system, which exhausts and wastes the resources of the nations in times of peace. lays intolerable burdens upon their peoples and e\'[»oses the nations to annihilation and their peoples to needless and brutal slaughter upon the battlefield, the conference expressed two meter or opinions which sooner or later will be considered and realized: |